Text of US SB 128 (2025)

II 119TH CONGRESS 1ST SESSION S. 128 To amend the National Voter Registration Act of 1993 to require proof of United States citizenship to register an individual to vote in elections for Federal office, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 16, 2025 Mr. LEE (for himself, Mr. CRUZ, Mr. TILLIS, Mr. COTTON, Mr. CRAMER, Mr. KENNEDY, Mr. GRAHAM, Mr. TUBERVILLE, Ms. LUMMIS, Mr. JOHNSON, Mr. CORNYN, Mr. CRAPO, Mr. HOEVEN, Mr. SCHMITT, Mr. RISCH, and Mr. SULLIVAN) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the National Voter Registration Act of 1993 to require proof of United States citizenship to register an individual to vote in elections for Federal office, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safeguard American 4 Voter Eligibility Act’’ or the ‘‘SAVE Act’’. 5 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 128 IS SEC. 2. ENSURING ONLY CITIZENS ARE REGISTERED TO 1 VOTE IN ELECTIONS FOR FEDERAL OFFICE. 2 (a) DEFINITION OF DOCUMENTARY PROOF OF 3 UNITED STATES CITIZENSHIP.—Section 3 of the National 4 Voter Registration Act of 1993 (52 U.S.C. 20502) is 5 amended— 6 (1) by striking ‘‘As used’’ and inserting ‘‘(a) IN 7 GENERAL.—As used’’; and 8 (2) by adding at the end the following: 9 ‘‘(b) DOCUMENTARY PROOF OF UNITED STATES 10 CITIZENSHIP.—As used in this Act, the term ‘documen- 11 tary proof of United States citizenship’ means, with re- 12 spect to an applicant for voter registration, any of the fol- 13 lowing: 14 ‘‘(1) A form of identification issued consistent 15 with the requirements of the REAL ID Act of 2005 16 that indicates the applicant is a citizen of the United 17 States. 18 ‘‘(2) A valid United States passport. 19 ‘‘(3) The applicant’s official United States mili- 20 tary identification card, together with a United 21 States military record of service showing that the 22 applicant’s place of birth was in the United States. 23 ‘‘(4) A valid government-issued photo identifica- 24 tion card issued by a Federal, State or Tribal gov- 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 128 IS ernment showing that the applicant’s place of birth 1 was in the United States. 2 ‘‘(5) A valid government-issued photo identifica- 3 tion card issued by a Federal, State or Tribal gov- 4 ernment other than an identification described in 5 paragraphs (1) through (4), but only if presented to- 6 gether with one or more of the following: 7 ‘‘(A) A certified birth certificate issued by 8 a State, a unit of local government in a State, 9 or a Tribal government which— 10 ‘‘(i) was issued by the State, unit of 11 local government, or Tribal government in 12 which the applicant was born; 13 ‘‘(ii) was filed with the office respon- 14 sible for keeping vital records in the State; 15 ‘‘(iii) includes the full name, date of 16 birth, and place of birth of the applicant; 17 ‘‘(iv) lists the full names of one or 18 both of the parents of the applicant; 19 ‘‘(v) has the signature of an individual 20 who is authorized to sign birth certificates 21 on behalf of the State, unit of local govern- 22 ment, or Tribal government in which the 23 applicant was born; 24 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 128 IS ‘‘(vi) includes the date that the certifi- 1 cate was filed with the office responsible 2 for keeping vital records in the State; and 3 ‘‘(vii) has the seal of the State, unit 4 of local government, or Tribal government 5 that issued the birth certificate. 6 ‘‘(B) An extract from a United States hos- 7 pital Record of Birth created at the time of the 8 applicant’s birth which indicates that the appli- 9 cant’s place of birth was in the United States. 10 ‘‘(C) A final adoption decree showing the 11 applicant’s name and that the applicant’s place 12 of birth was in the United States. 13 ‘‘(D) A Consular Report of Birth Abroad 14 of a citizen of the United States or a certifi- 15 cation of the applicant’s Report of Birth of a 16 United States citizen issued by the Secretary of 17 State. 18 ‘‘(E) A Naturalization Certificate or Cer- 19 tificate of Citizenship issued by the Secretary of 20 Homeland Security or any other document or 21 method of proof of United States citizenship 22 issued by the Federal government pursuant to 23 the Immigration and Nationality Act. 24 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 128 IS ‘‘(F) An American Indian Card issued by 1 the Department of Homeland Security with the 2 classification ‘KIC’.’’. 3 (b) IN GENERAL.—Section 4 of the National Voter 4 Registration Act of 1993 (52 U.S.C. 20503) is amended— 5 (1) in subsection (a), by striking ‘‘subsection 6 (b)’’ and inserting ‘‘subsection (c)’’; 7 (2) by redesignating subsection (b) as sub- 8 section (c); and 9 (3) by inserting after subsection (a) the fol- 10 lowing new subsection: 11 ‘‘(b) REQUIRING APPLICANTS TO PRESENT DOCU- 12 MENTARY PROOF OF UNITED STATES CITIZENSHIP.— 13 Under any method of voter registration in a State, the 14 State shall not accept and process an application to reg- 15 ister to vote in an election for Federal office unless the 16 applicant presents documentary proof of United States 17 citizenship with the application.’’. 18 (c) REGISTRATION WITH APPLICATION FOR MOTOR 19 VEHICLE DRIVER’S LICENSE.—Section 5 of the National 20 Voter Registration Act of 1993 (52 U.S.C. 20504) is 21 amended— 22 (1) in subsection (a)(1), by striking ‘‘Each 23 State motor vehicle driver’s license application’’ and 24 inserting ‘‘Subject to the requirements under section 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 6 •S 128 IS 8(j), each State motor vehicle driver’s license appli- 1 cation’’; 2 (2) in subsection (c)(1), by striking ‘‘Each 3 State shall include’’ and inserting ‘‘Subject to the 4 requirements under section 8(j), each State shall in- 5 clude’’; 6 (3) in subsection (c)(2)(B)— 7 (A) in clause (i), by striking ‘‘and’’ at the 8 end; 9 (B) in clause (ii), by adding ‘‘and’’ at the 10 end; and 11 (C) by adding at the end the following new 12 clause: 13 ‘‘(iii) verify that the applicant is a citizen 14 of the United States;’’; 15 (4) in subsection (c)(2)(C)(i), by striking ‘‘(in- 16 cluding citizenship)’’ and inserting ‘‘, including the 17 requirement that the applicant provides documentary 18 proof of United States citizenship’’; and 19 (5) in subsection (c)(2)(D)(iii), by striking ‘‘; 20 and’’ and inserting the following: ‘‘, other than as 21 evidence in a criminal proceeding or immigration 22 proceeding brought against an applicant who know- 23 ingly attempts to register to vote and knowingly 24 makes a false declaration under penalty of perjury 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 7 •S 128 IS that the applicant meets the eligibility requirements 1 to register to vote in an election for Federal office; 2 and’’. 3 (d) REQUIRING DOCUMENTARY PROOF OF UNITED 4 STATES CITIZENSHIP WITH NATIONAL MAIL VOTER 5 REGISTRATION FORM.—Section 6 of the National Voter 6 Registration Act of 1993 (52 U.S.C. 20505) is amended— 7 (1) in subsection (a)(1)— 8 (A) by striking ‘‘Each State shall accept 9 and use’’ and inserting ‘‘Subject to the require- 10 ments under section 8(j), each State shall ac- 11 cept and use’’; and 12 (B) by striking ‘‘Federal Election Commis- 13 sion’’ and inserting ‘‘Election Assistance Com- 14 mission’’; 15 (2) in subsection (b), by adding at the end the 16 following: ‘‘The chief State election official of a 17 State shall take such steps as may be necessary to 18 ensure that residents of the State are aware of the 19 requirement to provide documentary proof of United 20 States citizenship to register to vote in elections for 21 Federal office in the State.’’; 22 (3) in subsection (c)(1)— 23 (A) in subparagraph (A), by striking 24 ‘‘and’’ at the end; 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 8 •S 128 IS (B) in subparagraph (B) by striking the 1 period at the end and inserting ‘‘; and’’; and 2 (C) by adding at the end the following new 3 subparagraph: 4 ‘‘(C) the person did not provide documen- 5 tary proof of United States citizenship when 6 registering to vote.’’; and 7 (4) by adding at the end the following new sub- 8 section: 9 ‘‘(e) ENSURING PROOF OF UNITED STATES CITIZEN- 10 SHIP.— 11 ‘‘(1) PRESENTING PROOF OF UNITED STATES 12 CITIZENSHIP TO ELECTION OFFICIAL.—An applicant 13 who submits the mail voter registration application 14 form prescribed by the Election Assistance Commis- 15 sion pursuant to section 9(a)(2) or a form described 16 in paragraph (1) or (2) of subsection (a) shall not 17 be registered to vote in an election for Federal office 18 unless— 19 ‘‘(A) the applicant presents documentary 20 proof of United States citizenship in person to 21 the office of the appropriate election official not 22 later than the deadline provided by State law 23 for the receipt of a completed voter registration 24 application for the election; or 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 9 •S 128 IS ‘‘(B) in the case of a State which permits 1 an individual to register to vote in an election 2 for Federal office at a polling place on the day 3 of the election and on any day when voting, in- 4 cluding early voting, is permitted for the elec- 5 tion, the applicant presents documentary proof 6 of United States citizenship to the appropriate 7 election official at the polling place not later 8 than the date of the election. 9 ‘‘(2) NOTIFICATION OF REQUIREMENT.—Upon 10 receiving an otherwise completed mail voter registra- 11 tion application form prescribed by the Election As- 12 sistance Commission pursuant to section 9(a)(2) or 13 a form described in paragraph (1) or (2) of sub- 14 section (a), the appropriate election official shall 15 transmit a notice to the applicant of the requirement 16 to present documentary proof of United States citi- 17 zenship under this subsection, and shall include in 18 the notice instructions to enable the applicant to 19 meet the requirement. 20 ‘‘(3) ACCESSIBILITY.—Each State shall, in con- 21 sultation with the Election Assistance Commission, 22 ensure that reasonable accommodations are made to 23 allow an individual with a disability who submits the 24 mail voter registration application form prescribed 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 10 •S 128 IS by the Election Assistance Commission pursuant to 1 section 9(a)(2) or a form described in paragraph (1) 2 or (2) of subsection (a) to present documentary 3 proof of United States citizenship to the appropriate 4 election official.’’. 5 (e) REQUIREMENTS FOR VOTER REGISTRATION 6 AGENCIES.—Section 7 of the National Voter Registration 7 Act of 1993 (52 U.S.C. 20506) is amended— 8 (1) in subsection (a)— 9 (A) in paragraph (4)(A), by adding at the 10 end the following new clause: 11 ‘‘(iv) Receipt of documentary proof of 12 United States citizenship of each applicant to 13 register to vote in elections for Federal office in 14 the State.’’; and 15 (B) in paragraph (6)— 16 (i) in subparagraph (A)(i)(I), by strik- 17 ing ‘‘(including citizenship)’’ and inserting 18 ‘‘, including the requirement that the ap- 19 plicant provides documentary proof of 20 United States citizenship’’; and 21 (ii) by redesignating subparagraphs 22 (B) and (C) as subparagraphs (C) and 23 (D), respectively; and 24 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 11 •S 128 IS (iii) by inserting after subparagraph 1 (A) the following new subparagraph: 2 ‘‘(B) ask the applicant the question, ‘Are you a 3 citizen of the United States?’ and if the applicant 4 answers in the affirmative require documentary 5 proof of United States citizenship prior to providing 6 the form under subparagraph (C);’’; and 7 (2) in subsection (c)(1), by inserting ‘‘who are 8 citizens of the United States’’ after ‘‘for persons’’. 9 (f) REQUIREMENTS WITH RESPECT TO ADMINISTRA- 10 TION OF VOTER REGISTRATION.—Section 8 of the Na- 11 tional Voter Registration Act of 1993 (52 U.S.C. 20507) 12 is amended— 13 (1) in subsection (a)— 14 (A) by striking ‘‘In the administration of 15 voter registration’’ and inserting ‘‘Subject to 16 the requirements of subsection (j), in the ad- 17 ministration of voter registration’’; and 18 (B) in paragraph (3)— 19 (i) in subparagraph (B), by striking 20 ‘‘or’’ at the end; and 21 (ii) by adding at the end the following 22 new subparagraphs: 23 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 12 •S 128 IS ‘‘(D) based on documentary proof or 1 verified information that the registrant is not a 2 United States citizen; or 3 ‘‘(E) the registration otherwise fails to 4 comply with applicable State law;’’; 5 (2) by redesignating subsection (j) as sub- 6 section (l); and 7 (3) by inserting after subsection (i) the fol- 8 lowing new subsections: 9 ‘‘(j) ENSURING ONLY CITIZENS ARE REGISTERED 10 TO VOTE.— 11 ‘‘(1) IN GENERAL.—Notwithstanding any other 12 provision of this Act, a State may not register an in- 13 dividual to vote in elections for Federal office held 14 in the State unless, at the time the individual ap- 15 plies to register to vote, the individual provides docu- 16 mentary proof of United States citizenship. 17 ‘‘(2) ADDITIONAL PROCESSES IN CERTAIN 18 CASES.— 19 ‘‘(A) PROCESS FOR THOSE WITHOUT DOC- 20 UMENTARY PROOF.— 21 ‘‘(i) IN GENERAL.—Subject to any rel- 22 evant guidance adopted by the Election As- 23 sistance Commission, each State shall es- 24 tablish a process under which an applicant 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 13 •S 128 IS who cannot provide documentary proof of 1 United States citizenship under paragraph 2 (1) may, if the applicant signs an attesta- 3 tion under penalty of perjury that the ap- 4 plicant is a citizen of the United States 5 and eligible to vote in elections for Federal 6 office, submit such other evidence to the 7 appropriate State or local official dem- 8 onstrating that the applicant is a citizen of 9 the United States and such official shall 10 make a determination as to whether the 11 applicant has sufficiently established 12 United States citizenship for purposes of 13 registering to vote in elections for Federal 14 office in the State. 15 ‘‘(ii) AFFIDAVIT REQUIREMENT.—If a 16 State or local official makes a determina- 17 tion under clause (i) that an applicant has 18 sufficiently established United States citi- 19 zenship for purposes of registering to vote 20 in elections for Federal office in the State, 21 such determination shall be accompanied 22 by an affidavit developed under clause (iii) 23 signed by the official swearing or affirming 24 the applicant sufficiently established 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 14 •S 128 IS United States citizenship for purposes of 1 registering to vote. 2 ‘‘(iii) DEVELOPMENT OF AFFIDAVIT 3 BY THE ELECTION ASSISTANCE COMMIS- 4 SION.—The Election Assistance Commis- 5 sion shall develop a uniform affidavit for 6 use by State and local officials under 7 clause (ii), which shall— 8 ‘‘(I) include an explanation of the 9 minimum standards required for a 10 State or local official to register an 11 applicant who cannot provide docu- 12 mentary proof of United States citi- 13 zenship to vote in elections for Fed- 14 eral office in the State; and 15 ‘‘(II) require the official to ex- 16 plain the basis for registering such 17 applicant to vote in such elections. 18 ‘‘(B) PROCESS IN CASE OF CERTAIN DIS- 19 CREPANCIES IN DOCUMENTATION.—Subject to 20 any relevant guidance adopted by the Election 21 Assistance Commission, each State shall estab- 22 lish a process under which an applicant can 23 provide such additional documentation to the 24 appropriate election official of the State as may 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 15 •S 128 IS be necessary to establish that the applicant is 1 a citizen of the United States in the event of a 2 discrepancy with respect to the applicant’s doc- 3 umentary proof of United States citizenship. 4 ‘‘(3) STATE REQUIREMENTS.—Each State shall 5 take affirmative steps on an ongoing basis to ensure 6 that only United States citizens are registered to 7 vote under the provisions of this Act, which shall in- 8 clude the establishment of a program described in 9 paragraph (4) not later than 30 days after the date 10 of the enactment of this subsection. 11 ‘‘(4) PROGRAM DESCRIBED.—A State may meet 12 the requirements of paragraph (3) by establishing a 13 program under which the State identifies individuals 14 who are not United States citizens using information 15 supplied by one or more of the following sources: 16 ‘‘(A) The Department of Homeland Secu- 17 rity through the Systematic Alien Verification 18 for Entitlements (‘SAVE’) or otherwise. 19 ‘‘(B) The Social Security Administration 20 through the Social Security Number 21 Verification Service, or otherwise. 22 ‘‘(C) State agencies that supply State iden- 23 tification cards or driver’s licenses where the 24 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 16 •S 128 IS agency confirms the United States citizenship 1 status of applicants. 2 ‘‘(D) Other sources, including databases, 3 which provide confirmation of United States 4 citizenship status. 5 ‘‘(5) AVAILABILITY OF INFORMATION.— 6 ‘‘(A) IN GENERAL.—At the request of a 7 State election official (including a request re- 8 lated to a process established by a State under 9 paragraph (2)(A) or (2)(B)), any head of a 10 Federal department or agency possessing infor- 11 mation relevant to determining the eligibility of 12 an individual to vote in elections for Federal of- 13 fice shall, not later than 24 hours after receipt 14 of such request, provide the official with such 15 information as may be necessary to enable the 16 official to verify that an applicant for voter reg- 17 istration in elections for Federal office held in 18 the State or a registrant on the official list of 19 eligible voters in elections for Federal office 20 held in the State is a citizen of the United 21 States, which shall include providing the official 22 with such batched information as may be re- 23 quested by the official. 24 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 17 •S 128 IS ‘‘(B) USE OF SAVE SYSTEM.—The Sec- 1 retary of Homeland Security may respond to a 2 request received under paragraph (1) by using 3 the system for the verification of immigration 4 status under the applicable provisions of section 5 1137 of the Social Security Act (42 U.S.C. 6 1320b–7), as established pursuant to section 7 121(c) of the Immigration Reform and Control 8 Act of 1986 (Public Law 99–603). 9 ‘‘(C) SHARING OF INFORMATION.—The 10 heads of Federal departments and agencies 11 shall share information with each other with re- 12 spect to an individual who is the subject of a 13 request received under paragraph (A) in order 14 to enable them to respond to the request. 15 ‘‘(D) INVESTIGATION FOR PURPOSES OF 16 REMOVAL.—The Secretary of Homeland Secu- 17 rity shall conduct an investigation to determine 18 whether to initiate removal proceedings under 19 section 239 of the Immigration and Nationality 20 Act (8 U.S.C. 1229) if it is determined pursu- 21 ant to subparagraph (A) or (B) that an alien 22 (as such term is defined in section 101 of the 23 Immigration and Nationality Act (8 U.S.C. 24 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 18 •S 128 IS 1101)) is unlawfully registered to vote in elec- 1 tions for Federal office. 2 ‘‘(E) PROHIBITING FEES.—The head of a 3 Federal department or agency may not charge 4 a fee for responding to a State’s request under 5 paragraph (A). 6 ‘‘(k) REMOVAL OF NONCITIZENS FROM REGISTRA- 7 TION ROLLS.—A State shall remove an individual who is 8 not a citizen of the United States from the official list 9 of eligible voters for elections for Federal office held in 10 the State at any time upon receipt of documentation or 11 verified information that a registrant is not a United 12 States citizen.’’. 13 (g) CLARIFICATION OF AUTHORITY OF STATE TO 14 REMOVE NONCITIZENS FROM OFFICIAL LIST OF ELIGI- 15 BLE VOTERS.— 16 (1) IN GENERAL.—Section 8(a)(4) of the Na- 17 tional Voter Registration Act of 1993 (52 U.S.C. 18 20507(a)(4)) is amended— 19 (A) by striking ‘‘or’’ at the end of subpara- 20 graph (A); 21 (B) by adding ‘‘or’’ at the end of subpara- 22 graph (B); and 23 (C) by adding at the end the following new 24 subparagraph: 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 19 •S 128 IS ‘‘(C) documentary proof or verified infor- 1 mation that the registrant is not a United 2 States citizen;’’. 3 (2) CONFORMING AMENDMENT.—Section 4 8(c)(2)(B)(i) of such Act (52 U.S.C. 5 20507(c)(2)(B)(i)) is amended by striking ‘‘(4)(A)’’ 6 and inserting ‘‘(4)(A) or (C)’’. 7 (h) REQUIREMENTS WITH RESPECT TO FEDERAL 8 MAIL VOTER REGISTRATION FORM.— 9 (1) CONTENTS OF MAIL VOTER REGISTRATION 10 FORM.—Section 9(b) of such Act (52 U.S.C. 11 20508(b)) is amended— 12 (A) in paragraph (2)(A), by striking ‘‘(in- 13 cluding citizenship)’’ and inserting ‘‘(including 14 an explanation of what is required to present 15 documentary proof of United States citizen- 16 ship)’’; 17 (B) in paragraph (3), by striking ‘‘and’’ at 18 the end; 19 (C) in paragraph (4), by striking the pe- 20 riod at the end and inserting ‘‘; and’’; and 21 (D) by adding at the end the following new 22 paragraph: 23 ‘‘(5) shall include a section, for use only by a 24 State or local election official, to record the type of 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 20 •S 128 IS document the applicant presented as documentary 1 proof of United States citizenship, including the date 2 of issuance, the date of expiration (if any), the office 3 which issued the document, and any unique identi- 4 fication number associated with the document.’’. 5 (2) INFORMATION ON MAIL VOTER REGISTRA- 6 TION FORM.—Section 9(b)(4) of such Act (52 7 U.S.C. 20508(b)(4)) is amended— 8 (A) by redesignating clauses (i) through 9 (iii) as subparagraphs (A) through (C), respec- 10 tively; and 11 (B) in subparagraph (C) (as so redesig- 12 nated and as amended by paragraph (1)(C)), by 13 striking ‘‘; and’’ and inserting the following: ‘‘, 14 other than as evidence in a criminal proceeding 15 or immigration proceeding brought against an 16 applicant who attempts to register to vote and 17 makes a false declaration under penalty of per- 18 jury that the applicant meets the eligibility re- 19 quirements to register to vote in an election for 20 Federal office; and’’. 21 (i) PRIVATE RIGHT OF ACTION.—Section 11(b)(1) of 22 the National Voter Registration Act of 1993 (52 U.S.C. 23 20510(b)(1)) is amended by striking ‘‘a violation of this 24 Act’’ and inserting ‘‘a violation of this Act, including the 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 21 •S 128 IS act of an election official who registers an applicant to 1 vote in an election for Federal office who fails to present 2 documentary proof of United States citizenship,’’. 3 (j) CRIMINAL PENALTIES.—Section 12(2) of such 4 Act (52 U.S.C. 20511(2)) is amended— 5 (1) by striking ‘‘or’’ at the end of subparagraph 6 (A); 7 (2) by redesignating subparagraph (B) as sub- 8 paragraph (D); and 9 (3) by inserting after subparagraph (A) the fol- 10 lowing new subparagraphs: 11 ‘‘(B) in the case of an officer or employee 12 of the executive branch, providing material as- 13 sistance to a noncitizen in attempting to reg- 14 ister to vote or vote in an election for Federal 15 office; 16 ‘‘(C) registering an applicant to vote in an 17 election for Federal office who fails to present 18 documentary proof of United States citizenship; 19 or’’. 20 (k) APPLICABILITY OF REQUIREMENTS TO CERTAIN 21 STATES.— 22 (1) IN GENERAL.—Subsection (c) of section 4 23 of the National Voter Registration Act of 1993 (52 24 U.S.C. 20503), as redesignated by subsection (b), is 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 22 •S 128 IS amended by striking ‘‘This Act does not apply to a 1 State’’ and inserting ‘‘Except with respect to the re- 2 quirements under subsection (j) and (k) of section 8 3 in the case of a State described in paragraph (2), 4 this Act does not apply to a State’’. 5 (2) PERMITTING STATES TO ADOPT REQUIRE- 6 MENTS AFTER ENACTMENT.—Section 4 of such Act 7 (52 U.S.C. 20503) is amended by adding at the end 8 the following new subsection: 9 ‘‘(d) PERMITTING STATES TO ADOPT CERTAIN RE- 10 QUIREMENTS AFTER ENACTMENT.—Subsections (j) and 11 (k) of section 8 shall not apply to a State described in 12 subsection (c)(2) if the State, by law or regulation, adopts 13 requirements which are identical to the requirements 14 under such subsections not later than 60 days prior to 15 the date of the first election for Federal office which is 16 held in the State after the date of the enactment of the 17 SAVE Act.’’. 18 SEC. 3. ELECTION ASSISTANCE COMMISSION GUIDANCE. 19 Not later than 10 days after the date of the enact- 20 ment of this Act, the Election Assistance Commission shall 21 adopt and transmit to the chief State election official of 22 each State guidance with respect to the implementation 23 of the requirements under the National Voter Registration 24 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 23 •S 128 IS Act of 1993 (52 U.S.C. 20501 et seq.), as amended by 1 section 2. 2 SEC. 4. INAPPLICABILITY OF PAPERWORK REDUCTION 3 ACT. 4 Subchapter I of chapter 35 of title 44 (commonly re- 5 ferred to as the ‘‘Paperwork Reduction Act’’) shall not 6 apply with respect to the development or modification of 7 voter registration materials under the National Voter Reg- 8 istration Act of 1993 (52 U.S.C. 20501 et seq.), as 9 amended by section 2, including the development or modi- 10 fication of any voter registration application forms. 11 SEC. 5. DUTY OF SECRETARY OF HOMELAND SECURITY TO 12 NOTIFY ELECTION OFFICIALS OF NATU- 13 RALIZATION. 14 Upon receiving information that an individual has be- 15 come a naturalized citizen of the United States, the Sec- 16 retary of Homeland Security shall promptly provide notice 17 of such information to the appropriate chief election offi- 18 cial of the State in which such individual is domiciled. 19 SEC. 6. RULE OF CONSTRUCTION REGARDING PROVI- 20 SIONAL BALLOTS. 21 Nothing in this Act or in any amendment made by 22 this Act may be construed to supercede, restrict, or other- 23 wise affect the ability of an individual to cast a provisional 24 ballot in an election for Federal office or to have the ballot 25 VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS 24 •S 128 IS counted in the election if the individual is verified as a 1 citizen of the United States pursuant to section 8(j) of 2 the National Voter Registration Act of 1993 (as added 3 by section 2(f)). 4 SEC. 7. RULE OF CONSTRUCTION REGARDING EFFECT ON 5 STATE EXEMPTIONS FROM OTHER FEDERAL 6 LAWS. 7 Nothing in this Act or in any amendment made by 8 this Act may be construed to affect the exemption of a 9 State from any requirement of any Federal law other than 10 the National Voter Registration Act of 1993 (52 U.S.C. 11 20501 et seq.). 12 SEC. 8. EFFECTIVE DATE. 13 This Act and the amendments made by this Act shall 14 take effect on the date of the enactment of this Act, and 15 shall apply with respect to applications for voter registra- 16 tion which are submitted on or after such date. 17 Æ VerDate Sep 11 2014 18:33 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6301 E:\BILLS\S128.IS S128 ssavage on LAPJG3WLY3PROD with BILLS